Bill 5 (Legislature 1, Session 1)

L1 S1 10433

Alberta — Bills

Short title. BILL No. i906

An Act Respecting Sheriffs and Deputy Sheriffs (Assented to His Ivls.jesty by and with the advice and consent of the I1egislati ve" Assembly of the Province of Alberta enao'ts &Ls: follows;- 1. This A6t may be cited as the Sheriffs Aot. Appointment and security. 2.

The Lieutene.nt Governor in Council shall from time to time as occasion may require appoint 1a Sher~f.f Cancellation sf ~ppoj,nt rnents: 02.ths to be taken on appointment. and a Deputy Sheriff in eanh judicial district, :yw_ho shall hold office during pleasure and shall discha~~e all the duties connected with their respective offices, and &leo 13uch other duties as may be assigned to them, or appertain to their respective offices by law; and each such Deputy Sheriff shall be required to give security to the Sheriff of the said district in the sum of $1000.00, conditioned for the due and proper discharge of the duties as such Deputy Sheriff.

The Lieutenant Governor in Council may e.t :r;>leasure cancel the appointments ·of a.ll persons as Sheriff or Deputy Sheriff in the province. 3. Every Sheriff and Deputy Sheriff before he enters upon the duties of h;l.s · office,·shall take and subscribe the oaths of allegiance and of office in the form of

Schedule "A" to this Act, and shall not be bound or required to subecribe or take any other oaths, .or make any·other declaration or subscription except as hereinafter

Amount of security to be given. -- 2 - provided-, and every such oath respectively shall be filed in t:he office of the Clerk of the Supreme Court of the ~ North-West Territories (or such other court as may hereafter be c:onsti tuted, exercising wi thih the Province the juris diction, powers and e.uthmri ty at the date of the passing of this Act exercised ·J.:tberein by the pupreme Court of the North West Territories) for the judicial district to whioh it relates. 4.

The Lieutenant Governor in Council may, from time ..,., ' to time, by Order in Council, fix and determine the amount of security to be given by every Sheriff as l.0 hereinafter mentioned; but such amount shall bj9 in no case less than ~~5000,00 for the Sheriff, and not less than $2500.00 for each surety named in the covenant hereinafter mentioned~ where there are two sureties, and not less than ·~1250. 00 for each surety, where there are iour sureties named in the covenant. Security 6.

Every Sheriff shall, before he is so sworn into to be given by Sheriffs. office and within one month after his appointment, execute Form Affidavit of suffici ency. Form And enter into a ,joint and several covenant in duplicate, with two or four sur-eties·,. for such amounts respectively as rnay be fixed and determined by order in council in that 'Qf:lh~d;f as aforesaid; the said duplicate covenant shall be j_n the form

Schedule B .~o __ 1;his Act. or to the like effoct, and to each of the duplicate covenants respect- ively shall be attached an affidavit by each of the @evemantors therein named respectively, in the form of

Schedule C to this Act, or to the like effect. Addi tion~:,.l security in certein cases

(2) Where e Sheriff is unable to justify in the amount t:equired to be named in the covenant, the Lieu._ tenant f}overnor in Council may jccept such additional security as he considers requisite and in that case the

Covenant to be filed. Transmitted for approval of Lieuterw:nt Governor. Proviso in case of disapproval @:f~~idavi t required by this

section shall be varied as to sueh Sheriff in accordance with the facts. 6.

One of the duplicate covenants, with the affldavits thE:lreto attached, shall within the periods hereinbefore 1iffii ted rtspecti vely, be filed in the· offime of the Clerk §f the Supreme Court of the North-West Territories(or such other court as may hereafter be constituted, exercising wi thi'n the ~rovince the jurisdiction, powers and authority at the date of the passing·of th~s Act. exercised therin by the Eupreme Court of the North-West Territories) for th~~ judicial district to which it rel&.tes and the other duplicate covenant. with the affidavits attached to th 1 e s~1.me respectively, and an <jffidav:lt of the filing of s.p.chfir~· mez1tione.d. ·duplicate· aYid"'··e;_f:f;l.davi ts in t}:te __ officl9 of the saJ.a.

Ulerk shall, within the same :periods respectively, be transmitted to the office of the Provincial Secretery ancl by htm be submitted for the approval of the Lieutenant Governor in Council. 7.

In c9.se the covenant is approved of by the Lieutenant Governor in Council; it shall be forthwith deposited in the office of the Treasurer of the jrovince and notice of such approval shall be given to the Sheriff by the Provincial -~tif:lretary, but in cRse the covenant is disapproved of by the Lieutenant Governor in Council, the Provincial Secretory shall forthwith give notice to the Sheriff of such disapproval, a.nd in such case the Sheriff shall, within~one month thereafter, furnish and and. transmit another covenant in lieu of the covenant lo disapproved of as aforesaid~~to the satisfaction of the Lie1ut~nant Governor in Council.

Sureties not dischars;ed by non-a1;proval Renewal of security. Form of ~e11ew~d §eour,ity. r,iabili ty of former sureties i;n case of renewal. Sheriff need not be dis misE~ed rfflflr inability to .justify. - 4 ...

(2) The sureties named in any covenant so disa.ppreved of as aforesaid shall not be diewharged from Liability by such disapproval, but shall b!r and continue liable for any defaults or misfeas~:mces made, done or oommi tted previous to the approval by the Lieutenant Governor in Council of a.ny securities that may be furnished in lieu of the same. ~.

The Lieutenant Governor in Council may at any f time req11ire a Sheriff to·,· renew his covenants or eecuri~ies Dtu to furnish others in lieu of the Bame as to him may appear expedient for the protection of the interests of t:he Crown, or lfldi' the parties to lege.l proceedings, which new or substituted covenants or securities the Sheriff shall be bound to transmit to the Provincial Secretary within three months after notice ol the Order in Coun~il ~. in that behalf. 9.

Every renewal or·substituted covenant or sedurity @}~all be in the same form, and executed and accompanied by the same formalities and affidavits, and subject to the s~l.me approval as the original covenants or sec1iri ty. 10. In case a new security is given or substituted a~:: a-:r:oresai d, the former suretlbes shall not be liable for oli on account of defaults and misfeasances su~fered Pl'1 committed by the Sheriff previous to the perfecting of' the new security and the ap1;roval thereof by the Lieutenant Governor in council, and not as to any subsequent default or misfeasance. 11.

In case a Sheriff has given the security and mad~ the affidavit of justification required to be made under

Section 5 of this Act, but has subsequently to his

Further security may be given. Death, insol vency etc. of @v.ret-y • Surety ma.y withdraw - 5 - a1~iQointment, on acouunt of additional eecuri ty being required, become unable to make as affidavit of justi fication in accordance with the provisions of

Section 8 of this Act, this Act shall not be construed as rendering necessary the dismissal of the Sheriff from hie office, but he shall, under pain,o:f forfeiture of his office, be required to furnish such additional security as the Lieutenant Governor in Council may consider requisite. :12.

Every Sheriff shall give notice in writing, ' to the attorney general of the death, discharge, bank- :vu.ptcy, insolvency, or residence out of the Province. of any surety or person bound with him in such security, within one month after the fact comes to hie knowledge; ~nd in every such ce.se the Sheriff shall furni.sh the;f'" segu:r~ty· of .a new surety,· to be approved of ae1 aforesaid. in lieu of the surety so dying, being discharged, oec~.m'ing •' ', bankrupt or inslovent. or residing without this Province, and shall complete and transmit to the attorney general the necessary coverw.nts or security and affide.vi ts in that behalf within one month after such notice. 13.

Any person who has become surety for a Sheriff, and who is no lonEer disposed to continue such responsi- bility, may give notice thereof to the sheriff and to the Provincial Secretary,_ and in such ease the sheriff §hall furnish the security of a new su~tyt)n lieu of the 'u~ety ~6~t±Eing notice and shall comrlete and transmit t4e n~cessary covenants or security and affidavits in that behalf to the Provinc~al Secretary, within one month after euoh notice; and all QQJ'i~uing re1s:ponsibility on the part §t the person giving suo:.p. ·not leer: shall cease u.oon snd after the ,perfecting and approvfil' .. lPf the new security.

Forfeiture for neglect to ;f.'urnish 1ecurity When forfeit ure may be remitted When securi ties may be approved, al though not perfected in time - 6.- 14.

Every Sheriff who neglec.ts to give and furnish any of the securities, or give any notice required by this Act, within the pe.riods hereinbefore in that behalf respect iv~~ly limited, shall be liable to forfeit his office, and hi13 appointment and commission shall be void from and af·~er the time when the Lieutenant Governor declares the .... same to be avoided under this Act. but such avoidance sh:all not annul or make void any act or order or other mQ:tte.r or thing done by the Sheriff during the time he Actually held office. 15.

The Lieutenant Governor lin:rCo~cil may remit the :forfeiture in any case in which the failure to give the t;~tH:tUri ty or to perfect or transmit the instruments required by this Act. within the periods hereinbefore ibimited0d. :respectively in· that behalf, has not-' arisen from the wilful neglect of the Sheriff, and if it appears to the Lieutenant Governor that such respective periods are in any case insufficient in consequence of accident, casualty, loss of' papers in the transmission thereof, illness or other particular circumstance, the Lieutenant Governor in Council ma.y allow such further period,_ not in any case exceeding ~'W'o months, for perfecting and transmitting suC!h securities, as to him may appear reasonable and proper. 16.

The Lieutenant Governor maJt: approve C>f any se1curi ty, or securities, although the same may not have been perfected and transmitted respectively within the ti.me limited by this Act, and in such case the office ' or commission of the Sheriff shall not be deemed to have be~ en avoided bp: such default. but to have remained in :ftLll force and effect; and the securities, when approved oj~ as aforesalhd, shall be ·held and cohstrued t~o'--·be valid· ·aild effectual, in the same manner. and to the sa.me eJt:tent as if they had been perfected and approved

Neglect, omission, etc. in giving bomds not to avoid them Change in 'fierritor:r to which bond relates not to affect it. Searching oovenant and taking copies Liabilhity of eureties - 7 - respectively within the ~ime limited by this Act. 17. No neglect, omission or irregularity in giving or renewing any covenant or security requirecl by this Act, nor in observing the formalities hereinl>efore prescribed, or any of them. shall vacate or make ~oid any such covenant or security, or d~scharge any party or surety from the' obligations thereof • . 118.

No such c·o_venant or security shall l>e in any wise i1npaired, dischai1!;.~d or avoided, nor shall any Sheriff or any surety named therein be released, exonerated or acquitted fromthe obligation assumed thereby, by reason of the addition to the original area of the judicial district to which it relates of any other terri tory, or by the j;3epar~..t.ion_ther.efro:rp~· of· any portion of such original area, by legislative authority or otherwise. 19. 'Any person may examine the covenant of the Sheriff and his sureties, and the clerk in possession thereof shall, on demand, deliver to any person who desires the same a copy thereof', on payment c1f the following fees: For search and examination of covenant $.25 For copy of covenant ......... ~ ......••.. 1.00 20.

The sureties of t-he -sheriff~''shall 'be liable'. , to indenmify the party or parties to any legal pro ceedings against any omission or default of the sheriff in not paying over moneys received b~· him and .against any damage sustained by any such party or :parties in consequence of the sheriff's wilful or neglectful misconduct in hie effie&. and the .~~~- !sheriff shall be joint defendallji-in any action to 1be brought upon the covenant or security given by the sheriff.

Default of she,riff' Action on security Limitation of surety.' s liability When surety discharged from liability 21 • .:)J Any person sustaining any damage by :reason of any such default or miscopduct of any sheriff may bring and maintain e.n action upon the said covenant or security for such default or misconduct and such action shall not be barred by reaso:i:1 of any prior recovery by the same party upon thE~ covenant or security or of any judgment rendered for 1;he defendant in any prthor action tii;>on the same covenant or security or by reason of any other action being then depending upon the same either at·tne suit of the same plaintiff or of any other party for any other distinct cause of action. ~2.

If u:9on the trial of any action upon a.ny such covenant or security it is ~ade to appear that the plaintiff is entitled to recover and that the ampnn1t' which such surety h.ss paid or become liallle to' pay as herei.nafter mentioned is not eg_ual to the full amount for which he became surety the court after deducting from such full amount the sums which he has so!·paid or become liable to pay as aforesaid shall render judgment .against him for any sum not ·exceeding the balance•··of the .sum for which he became surety. I 23.

Where any such~ .surety actually .a:.p.d· bona ··f±de 1:1.nd of his own proper moneys and effects had paid or loecome llable by virtue, of a judgment or l}udgments re oovered against him upon his said covenant or security to pay an amount equal to the amount specified in the !~aid dovenant or security for which he bec~:~.me surety such c~ovenant or security shall as to him be deemed to be cl,i,soharged · aiid satisfied and no other or fu.rlliher sum shall be recovered against him.

on proof of payment proceed ings may be stayed When judgment reoovered upon' sedurity levy to be on sheriff's goods first - 9 ,. 24. It shall be competent for the Supreme Oourt of the North-West Terri toties (or such other cou.rt as may hereafter be constituted, exercising within the Province the jurisdiction, powers and authority at the 1iate of the !1!, ·''\ pu.ssing of this Act exercised therein by the S·llpreme Court of the North-West Territories) or a Judge thereof upon proof to the satisfaction o:f the court or judge of such payment or liability in a

summary man11,er and at any ·stage of the cause by stay o:f proceedings or otherwise to prevent the recovery against any such surety of any further sum than the amount specified in his covenant or security and for which he may ha-v:e b1~come surety. ", 25.

Upon every writ of execution under a judgment r1acovered on such covenant or seouri ty the plaintiff -or his advocate shall by an indorsement on the writ direct the coroner or other officer charged with the @~~ocution of such writ to levy the amount thereof U:!_)On the goods and chattels of the shertff in•the first place and in default of goods and chattels of the sheriff to satisfy the amount· then to levy the same or the residue thereof on the goods and chattels of the other defendant or defendents in sudh writ and so in like manner with any writ against lands and tt~nements U:IJOn a judgment on any such covenant or s1aouri ty.

Sheriff liable 26. Hotwi thstanding a sherifft' may have forfeit:etd until successor 'takes office , h:Ls offit~re and become liable to ·be removed therefrom the liability of himself and his sureties shall remain m1til a new sheriff has been appointed and sworn into ' o:~fic e.

- 10 - .. No sheriff, deputy sheriff, baliff or constable She"ri ff, etc. may not purchase under execution shall direo:'tly or indirectly purchase any goods or Liability for misconduct in execution of· Sheriff's : · @:fficehou)rs Fees received to "Be recorded Annual state ment of fees chattels. lands or tenements by him exposed to sale under execution. 28.

I£ any baliff or constable entrusted with the e:&:ecution of any writ, warrant. process, mesne or final wilfully misconducts himself in the execution of the same or wilfully makes any falBe return to such writ, warrant or process, unless by the _consent of the party in whose favour the process issued, he shall answer in damages to any party aggrieved by such misconduct or false return. 29.

It shall be the duty of every sheriff to keep h!s office open between the hours of ten in the forenoon and four in the afternoon on all days except Sundays and holi_days and except Saturdays when the same may be closed at one o'clock in the afternoon. 30.

Every sheriff shall keep a separate book in which he shall enter from day to day all fees and emoluments received by him in virtue of his office show- tng separately the fees received for each service· performed and such further facts and information as the Lieutenant Governor may from time to time require. 31·:, Every sheriff shall on or before thEi fifteentn day of January in each year make up a statement in duplicate from such book and return the same to the,~ <e.ttorney gener~l 'verified under oath; and such statement shall set forth the total amount of :fees which heve "been received during the twelve months ended on the thirty-first day of December next preceding.

~ooks open to· publia. inBpection Process B0,9kS Execution Books Cash Book. Seal of office. Sup!> lying books and seal - 11 ·- 3:~. The sheriff shall keep in his office open to the ~· . . inspE~ction of any person the following books. namely: (

a) Process books-in which shall be entered a memorandum of every p~ocess other than writs of execution or writs in the nature of writs of execution received by the f~heriff, the court out of which the same issued, the date of the receipt, the nature of the procesS!j. the mames of the parties thereto, the advocate by whom issued, the date of.the return and the nature of the return made thereto ~ ' ,' or what was thereunder or therewith done respectively; (

b) Execution books for goods and lands respectively in which shall be entered a memorandum of every writ of execu~ion or writ in the nature of a writ of execution, the court out of which the same.issued, the names of the parties thereto. tl!~:.J,¢-v.oca;te,. by.,...:w.h.onL-issued, .. the date: of return and the nature~ of· the return made thereto or what was done therBunder or therewith; and (

c) A cash book in which shall be entered all cash received or paid away by the sheriff in his officj_al capacity or in connection with his office for any service whetever.:..for fees, puundage, service of process and papers, attendance at court, moneys le~ied!•;under. e1xecution or under writs in the nature of writs of execution or otherwise, the date of the receipt or payment and the cause, matter or service in which or on account of which the same was received or paid away.

(2) And a seal of office. 33.. The said books and seal shall be supplied out of the g~:meral revenue fund· of the :Province,

Books:;'>;., , z:eC or¢lf3 (:lt~ t 1 to_.,be ·property of Government Disposition on vacancy of office - 12 - 34. ,l11 books, accounts, records, papers, writs, warrants, processes, moneys and other matters and things in the possession or under the control of any sheriff by virtue of or app~rtaining to his office as sheriff shall be the property of the Goyernment of the fjrovinc:e and. the same and every of them shall immediately upon the resignation, removal"''from office or death of any such sheriff be, by the party in whmse possession or control they zp.ay come or happen to be, handed over to and taken possession of by the sucaessor in office or such sheriff or such person ~s the judge usually exercising jurisdiction in the judicial district may appoint to recelve the same.

Possession 35.

No person except the successor in office of the of books, etc. a.fter vacancy sheriff so resigning, being removed or dying, or the Refusal to give up ~ossession Ex-sheriff to heve access to books " person so to be appointed by the judge as ;)a:foreEtaid shall take, have or hold any such books, accounts, records, papers, writs, warrants, process, moneys or other matters o:t things; any any· •. :person having o1r holding any of the matters afo:t•esa~d shall forthwith on demand deliver over the same and every of them to the said succeeding sheriff ~r to the p~rson so to be appoi~ted as aforesaid; and upon any such person neglecting or refus ing so to do on conviction thereof before a Judge of the Supreme Court (or such other court as may herea.f'ter be constituted, exercising within the Province the jurisdiction. powers and authority at the date of the :Passing of this Act exercised therein by the Supreme ·Court·of the North West Territories) he shall be liable to pay a. penalty not exceeding $100. 36.

The sheriff after resigning office or renewal from office, or his lRiirs, executors or administrators shall or may. at any and at all time· or times therafter have the

Sale of lands by sheriff Procedure When vacancy ooours .. 13 - right a"'Lld ~be· at liberty to have access to search and examine into any or.Jall accounts, books, papers, warrants, and processef{ of whatever kind and all other matters or things which were formerly in the possession of him the said sheriff before his.resignation or removal and which at the time of making· or requiring to make such search or examination are in the pihssession or control of the '· sUC(}eeding sheriff, free of all costs, charges and expenses. 37.

In case of the death, resiSnation or removal of the sheriff, or of any deputy where there is no sheriff, aft113r he has made a sale of lands 'but 'before he has made a transfer of the .sa.me to the purchaser such tnansfer shall be made to the purchaser by the sheriff ot the deputy sheriff . who is in office hcting as sheriff as aforesaid at the ~ime when the deed of conveyance is made. Sheriff 38.

If the sheriff goes out of office during the vacating successor to currency of any writ of e«ecution against lands and before continue process the sale, such writ shall be executed and the sale and 'braJo.sfer of the lands be made by his successor in office and not by the former sheriff, Restoration 39.

Every deputy sheriff, baliff or other sheriff~s of documents etc.to officer or clerk entrusted with the custody of any writ eheriff Enforcement of return or :process or of any book, paper or document belomg!Lng to the said sheriff or his office shall upon d.emand upon him by such sheriff' restore and return such writ, process, book, pe.per or dnoument to the custody of the said. sheriff and in oase dlf any .negledt or refusal to return ai)..d restore the same as aforesaid the party so Iltiif:leoting or refusing may be required by an. order of the Supreme Conrt (or such other court as may hereafter be constituted, exercising within the province the jur:tsdiction, powers and authority at the date of the

Sheriff's officer to deliver process to sheriff when required Provision in case of death resignation or removal of sheriff - 14 - passing of this Act e){ercised therein by the Supreme Court of the North-West Territories) or of any judge of such court to return and restore such writ, process, book, paper, or document to such sheriff and if he dt.sobeys such order may be further proceeded against by attachment as inr other eases of contumacy to orders or rules of court. 40.

If any deputy sheriff, baliff or sheriff's officer shall have in his possession, custody or control any writ of summons, fieri facias or other writ or any bench warrant or process whatsoever and shall upon demand mel-de by the sheriff from whom the ·same ma:r have, been received or his successor in office or by any other party entitlei to the possession of the same neglect or refuse. ' .to _deli ve;r ,up ~.he same, ~:uch sheriff or )~:j,.s success~):•·<-" in office or the ·party anti tled .to. the pos;o.ession of·."' the same may proceed by summons and order before any judge having jurisdiction in the court out of which such writ. of process issued to eompel the production thereof; which order may be enfo,rced in the same manner as like orders for the return of writs against sheriffs and··with or without costs or be discharged wi"ch costs against the party arplying in the discretion of the judge afores~id~ 41.

In case a sheriff dies, resigns his office and his resignation is accepted or is removed therefrom the deputy sheriff shall nevertheless cohtinue the office of sh<~rilf and execute the same and all things belonging thereto in the name of the sheriff so dying, resigning or being removed until another sheriff has been appointed ,><'): ~;-::· ,' ~ and sworn into office; and the said de1Jutu sheriff. ill"". ~ i .---;•-""'1. ,. jo' • shall be answerable for the execution of the said: :Office in all res11ects and to all _intents and l)Utposes whatsoever during such interval as the sheriff so dying' resigning

15 or having been removed .would by law h1.~:ve been if he had been living or continuing in office and the seeuri:ty gi.ven to the sheriff so deceased,, resigning or being removed by his aaid deputy sheriff and his pledges as well as the security given by the said sheriff shall remain and be a security to the King, His Heirs and Successors and to all persons whatsoever for the due and fe.i thful per~ormance of the duties of his office during such inter val by the said deputy sheriff. 42. No sheriff or dep~ty sheriff while holding office shall practice as an advocate of the Province, or be a member of any firm of advocates practicinR in the Pro1dnnA.

-16-.

SCHEDULE _A. OATH OF ALLEGIANCE. I , . . . . . . . . . .. -· . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . .

II • • • • • • • 0 f . ... . . . . . . . . . . . '\,. . ·~ . . '• . . . . . . . . . . . . . . . . . . . . . . . . . ' . . . . .. . . . . . . . in the Province'o~ Alberti do sincerely promise and swear that I will be fai:fihf'ul.and bear true allegiance to His Ma,jesty King Edward the Seventh as la:wfil Sovereign of the Un:i ted Kingdom of Great Bri tam and Ireland and of this ~()Vince dependent on and belonging to the said Kingdom.; an1i that I will defend him to the utmost of IDlf power against all traitorous conspiracies or attempfrs whatsoever which may be made against His Person, Crown and Dignity; and that I will. do my utmost endeavour to disclose and make known to Hie Majesty, His Heirs or Successors, all treason or traitor ou:s conspirf.}cies and attempts which I may know to be a~ainst him o.r any of' them.

And all this I do Swear without any equivocation, mental evasion or secret reservation. So help me God. Sworn before me ) at .......................... } I a e • e e • e e e e e •• e e a e e e G e e e e e e e 'th:Ls ................ day·:)of'.) ••• II ••••••••••••• • A.D.l90 .. ) OATH OF OFFICE.

Province of Alberta Jwiicia.l District of I ) ) ) ) I, A.B., of in the Judicial di:strict of Esquire, having been appointed Sheriff (or Deputy Sheriff) of the judicial district of do swear that I will well, truly and faithfully ~erform and. execute all the duties req}lired of me under the laws of this Province pertaining to the said office of Sh~9riff (or De!luty Sheriff) so long as I continue therein, and. that I h[;.ve not given directly or indirectly, or author iz~9d any pers\m to gi~e any money, gratuity or reward whats~ever for procuring the said office for me.

Sworn before me at ·in the juc1iciRl ·.district of , the day of A.D.l9 •. C. D. , ) ) ) } } \ A.B. Ju<ige, Notary Public, Commissioner, or J.P. as tbe case may be.

- 1~ .. S.CHEDULE B. Form of Covenant. Know all men by these presents. Tpat we. A.B. 11 Sheriff of the Judicial District of _ :E:squire, C.

D •. , of in the Province of Alberta, and E.F., of in the Province of Alberta (where four sureties are given the names of the other two to be inserted here in like.manner) do herebi jointly and severally, for ourselves and for eaoh of our heirs, executors and adm,n- istrators, covenant and promise that the said A.B., as Sheriff of the Judicial District of shall well and truly pay over to th~ person or persons entitled to the same, all a.uoh.,moneys.·as·i·;he::.sha11 '.:t""eoeive by virtue of his e~<Lo.ffice::of:sl5:~riff, :_and th&t neither h1e nor his deputy shall wilfully misconduct himself in h:is said office to the damage of any person being a party in a:ny legal proceedings. .L'levertheless it ts·· here'Di · declared ;P-hat no greater sum shall be reurovered under this covenant against the several parties hereto than as follows, that is to say: Against the said A.B.,in the whole, $ (the amount fixed by Order in Oounci.l); against the said C.

D. , in the whole,~? (the amount fixed by Order in Council);agaiU,st the said E.F.in the whole.$ (the amount fixed by Order in Oouncilt. If mo~e than two sur,$-ties. add the names and amounts in like.manner.~

In witness whereof, we have to these presents set our hand.s and seals this in the year of our Loed 19 .. Signed, sealed and delivered ) in the presence of ) L.M. ) u.o. day of A.B.(L.S.) C.D.(L.S.) E.F.(L.s.)· eto.,eto.

... 18 -

SCHEDULE C Affidavit of Justification. Province of Alberta, Judicial D:Lstrict of TO· WIT: ) ) ) ) ) ) ) ) I, .A.B., (follow the desc.t:iP:tion given in the co·~enant}, the principal covenantor in the annexed covenant named (or on,e of the sureties in the annexed covenant), do make oath •·ani:f~'"say as follows: :1. That I am seised and possessed to my own use of real estate in Alberta o~ the actual value of dollars ( the amount for which the party making the affidavit is liable by the covenant) over and above all charges upon or i.ncumbrances affecting the same •. 2:.

The said real estate consists of ldescribe the property). 3. I am wo:t;th dollars (the amount fpr which the party hs.s become liable by the covenant) over and above my just debts. 4. My post office address is as follows: (insert the name of post office). Swor:n be:foiUe me at in the Province of' Alberta, the of 19 •• ) ) day ) ). ) ) P.T. ) A.B. Judg1e,IT.P. C:Jornmissioner or J.P. (as the case may be).

Title: 1906 (1st, 1st) Bill 5,

An Act Respecting Sheriffs and Deputy Sheriffs

Document details

Collection	Alberta — Bills
Citation	L1 S1 10433
Type	bill
Volume / chapter	L1 S1 10433
Language	en
Format	json
Source	PROVINCIAL
Identifier	407d54e0caad517795382e9758e84408426c5631

Source file is stored in the law ingest library (json).